BOYETTE v. UNDERWRITERS AT LLOYD'S LONDON

No. 6938.

372 So.2d 592 (1979)

Quincy L. BOYETTE, Plaintiff-Appellant, v. UNDERWRITERS AT LLOYD'S LONDON et al., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 7, 1979.


Attorney(s) appearing for the Case

Long & Peters, Jimmie C. Peters, Jena, for plaintiff-appellant.

Bolen & Erwin, James A. Bolen, Jr., Alexandria, for defendant-appellee.

Before WATSON, SWIFT and STOKER, JJ.


SWIFT, Judge.

The plaintiff has appealed from a judgment sustaining the defendant's motion for summary judgment and a peremptory exception of no right of action. We affirm.

The suit was brought by Quincy L. Boyette for benefits under a fire insurance policy covering a frame dwelling in Tullos, Louisiana, that was destroyed by fire on July 23, 1977. The defense was based on the following clause in the policy:

"Vacancy and/or Unoccupancy Clause:

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